Chicago terrorism defendant’s request for bail on hold until judge certain to say on the case

Bail request by Chicago terrorism suspect on hold

CHICAGO — A Chicago businessman accused of taking part in an alleged terrorist plot to attack a Danish newspaper over cartoons of the Prophet Muhammad isn’t likely to win his release on bond anytime soon.

Tahawwur Rana, 48, appeared before U.S. District Judge Matthew F. Kennelly on Wednesday in hopes of renewing his long-running plea for bail. But Kennelly said he is not certain that he will continue to be in charge of the case, and would not act on the bail request until he knows for sure.

Rana, who has been in custody since Oct. 18, appeared in court wearing the bright orange jumpsuit of a federal prisoner. After the brief hearing, he was returned by marshals to the Metropolitan Correctional Center.

The businessman has not entered a plea in the case because he has not yet been indicted. His attorney, Patrick Blegen, says that if asked Rana would deny the charges against him.

Prosecutors say they expect to obtain an indictment no later than Jan. 14.

Rana is one of three men charged in the alleged plot to attack the newspaper Jyllands Posten in retaliation for its publication in 2005 a dozen cartoons depicting the Prophet Muhammad. Some Muslims considered the cartoons to be highly offensive.

Also charged in that case are Abdur Rehman Hashim Syed, a retired Pakistani military officer, and David Coleman Headley.

Headley is also charged with scouting out the Indian city of Mumbai in preparation for a November 2008 terrorist attack that left 166 people dead.

Prosecutors say Rana knew in advance about the Mumbai attacks, but he is not charged with any crime in connection with the events there.

Assistant U.S. Attorney Daniel Collins told Kennelly that the government has no plans to request more time to obtain an indictment against Rana.

An indictment could send the case to a different judge, and Kennelly said he would not start action on Rana’s bail request until he knows if he will still be in charge of the case after Jan. 14. He set a status hearing for Jan. 21.

U.S. Magistrate Judge Nan Nolan declined last month to release Rana on bond, saying he has the money and the know-how to flee the country to avoid a potential 30-year sentence if convicted of a charge of aid to terrorism.

Rana appealed that ruling to Kennelly, who was serving as the court’s emergency judge over the holidays and for now the case is still before him.